39 / 350
THE ATTITUDE OF THE UNITED STATES TOWARD INTERNATIONAL LAW
shot down an Iranian civilian plane.
63
Iran later sued the United States for both
incidents before the International Court of Justice. The ICJ ruled in Iran’s favor in the
Oil Platforms
case.
64
The United States and Iran settled the Airbus case diplomatically
without the need for a court ruling. The Reagan administration agreed to pay Iran
$ 61.8 million in compensation for the victims but did not apologize, nor accept
responsibility.
65
President Bush was much more conciliatory than Reagan. However, one of
his first acts as president was to invade Panama and overthrow the government of
General Noriega. Noriega was subsequently captured and extradited to the United
States to face drug charges.
66
The invasion came on the eve of the end of the Cold
War and it sent a bad message to the international community that the United States
was not willing to shed its past behavior and enter into a new spirit of cooperation
with the Soviet Union. A resolution in the Security Council sponsored by Nicaragua
was vetoed by Britain, France and the United States. However, a similar resolution
in the General Assembly condemning the invasion received a majority vote of 75 in
favor, 20 against, with 40 abstentions.
67
Following the end of the Cold War the United States began to retreat from
its multilateral commitments and took an attitude toward international law and
institutions that can be defined as “
American exceptionalism
.”
68
Although President
Bush (41
st
president) had a better understanding of the benefits of international law
than his predecessor, he of course continued that policy of American exceptionalism.
After Iraq invaded Kuwait, President Bush immediately referred the situation to the
Security Council instead of acting unilaterally. He won the backing of the other
permanent members of the Security Council to impose comprehensive sanctions on
Iraq.
69
In the months following the invasion, President Bush exhausted all diplomatic
channels before returning to the Security Council for authorization to use military
force against Iraq. This was an unprecedented move by the Bush Administration, as
Kuwait retained its right to self-defense under Article 51 and could call on the United
States for assistance. The operation against Iraq did not exceed the mandate of the
Security Council. Notwithstanding the questionable air attack on Iraq’s retreating
convoy on the highway between Kuwait and Basra, the war was in compliance with
international humanitarian law. Bush ordered a halt to military operations, even
63
Margaret G. Wachenfeld,
Reflagging Kuwaiti Tankers: A U.S. Response in the Persian Gulf, 37
Duke Law
Journal, 174 (1988).
64
Oil Platforms (Islamic Republic of Iran v. United States of America
, Judgment Nov. 6, 2003, I.C.J. Report
(2003).
65
Aerial Incident of July 3, 1988 (Islamic Republic of Iran v. United States of America-Settlement Agreement,
ICJ, February 9, 1996.
66
United States v. Noriega
, 117 F.3d 419 (5
th
Cir. 1999).
67
U.N. G.A Res/44/240 (1989).
68
Edward Luck,
American Exceptionalism and International Organization: Lessons from the 1990s,
in
Rosemary Foot,
et al.
, eds., The United States and Multilateral Oranizations (2002).
69
S.C. Res. 661 (1990).